Justice system complex for S.J.'s disabled

STOCKTON - Joyce Payton recently appeared in court facing attempted murder charges for having stabbed her 71-year-old mother in the back.

Jennie Rodriguez-Moore

STOCKTON - Joyce Payton recently appeared in court facing attempted murder charges for having stabbed her 71-year-old mother in the back.

The victim told deputies the stabbing was accidental, according to a sheriff's report of the incident. Investigators at the scene said evidence suggested otherwise.

It seemed obvious Payton, 47, should be held accountable for her actions. She was detained and later arraigned on the charges in San Joaquin County Superior Court, Dept. 25.

But sometimes, culpability in a violent attack isn't so simple.

Payton has a developmental disability.

And courts in San Joaquin County - and elsewhere - are challenged with the balance of holding people accountable while weighing compassion for those whose cognitive disability might make it difficult for them to control bursts of violence or understand the consequences of their actions.

When criminal defendants have developmental or intellectual disabilities, the process of justice becomes exceedingly complicated.

Most developmentally disabled individuals caught in the justice system are victims, but there is a smaller fraction who are criminal defendants, said Paul Billodeau Jr., executive director of the Valley Mountain Regional Center in Stockton, an agency that works directly with the local court providing case management for defendants with intellectual disabilities.

"Most of what we do is try to intervene when we're told that one of our consumers has been charged with a crime," he said.

Research shows this segment of the population is at four to 10 times higher risk of becoming a victim of a crime than others. There also is a growing rate of the population being convicted of crimes, constituting 4 to 10 percent of the U.S. prison population, according to The Arc, a national organization that provides job, recreational and life skills support services to developmentally disabled persons. The organization has published concerns about the population facing disadvantages in the criminal justice system.

In San Joaquin County, 20 to 25 defendants with intellectual disabilities will appear in court on any given day, Billodeau said. When you add individuals on parole, probation or any other supervised release, the total number of offenders under Valley Mountain Regional Center's care grows to 80 to 100 on any given day.

They represent a small percentage from the center's clientele of 6,000 to 7,000 in the county.

"We spend a lot of time with them, but it's actually a very small group," Billodeau said.

Billodeau said developmentally disabled persons tend to be more susceptible to manipulation and someone leading them in the wrong direction.

Locally, Billodeau often sees clients who have been easily led into gangs. There are cases in which clients have poor impulse control. But a variety of other factors play into their vulnerability.

Crimes connected to developmentally disabled offenders usually are not of serious nature, he said, but there are cases involving sexual offenses, attempted murder and murder.

For those who do end up in the criminal justice system, the process is more cumbersome and challenging than for general defendants, according to county Deputy Public Defender Ellen Schwarzenberg.

Schwarzenberg, who usually is assigned to represent cases in Dept. 25, said there is a common misconception that developmentally disabled defendants receive a "get out of jail free card," but, on the contrary, they often spend a greater amount of time in custody because their cases take longer to adjudicate.

"The proceedings don't go away because somebody is incompetent," Schwarzenberg said. "In fact they resume until they are determined competent."

Criminal prosecution proceedings are suspended when a person is suspected of having a developmental disability until the court can determine the defendant's competency status.

If found competent, charges against the defendant continue. On the other hand, incompetent defendants, depending on the case, then can be placed in a locked hospital for treatment to become legally competent.

If the treatment results in a determination of competency, criminal proceedings resume.

Defendants can spend anywhere from months to several years in custody before their cases can be adjudicated, Schwarzenberg said. That's far longer than the length of time a general defendant with the same charge spends, she said.

"It's sad that people don't understand that," Schwarzenberg said. "We need to be a compassionate society and a fair society."

Among Schwarzenberg's clients is Payton, who appeared in court for arraignment visibly agitated on June 25. Schwarzenberg advocated her transfer from the county jail to a place that can meet her special needs while her competency was determined.

Payton eventually was found not competent to stand trial, and a judge ordered her to receive 24-hour supervision. She was released back to her mother's home while a care provider from a support agency supervises her and locks up any sharp objects in the home.

Schwarzenberg won't comment on this or any other individual cases but spoke in general about how the system works.

One of the greater barriers to completing these types of cases is providing housing, officials say.

When someone is committed to a state hospital, court officers run into an issue with bed availability.

Although the law requires the beds be provided, the state hospital system is usually filled to capacity, said Judge Richard Vlavianos.

"It's a constant struggle," he said.

Which is why those involved in the process work to secure alternative housing, whether that be boarding care facilities or supportive living arrangements in which a care provider supervises the disabled person at home.

It's a more seamless job to place individuals with low-level offenses but a tougher task to place someone with high risks, such as Payton.

But Billodeau said the local court system and those involved in resolving the cases try to make the process as fair as possible, seeking that balance between compassion and safety.